Charlotte DWI/DUI Lawyer

In North Carolina, you may face jail time, fines, mandatory drug or alcohol treatment, community service, and the installation of an Ignition Interlock Device on your vehicle if you are convicted of a DUI. Conditions known as aggravating factors, substantially aggravating factors, and mitigating factors impact the severity of DWI punishments. Aggravating circumstances make a sentence more severe, whereas mitigating factors make it less so.

A good criminal defense lawyer can look for mitigating factors in your case that they can leverage to get your charges reduced. If the mitigating circumstances outnumber the aggravating aspects, your case is more likely to yield a positive outcome.

Police can assess drivers in various ways to see if they should be arrested for driving while drunk. If an officer suspects that you are driving while drunk, they will pull you over and do one of these tests. The findings of these tests can be used against you in court if you are arrested.

The horizontal gaze nystagmus, walk and turn, and one-leg stand tests are all standardized field sobriety tests. Field sobriety tests are considered a weaker form of evidence. Chemical tests are breath, blood, or urine tests used to detect a person’s blood alcohol content (BAC). Chemical tests are considered strong evidence, but breath tests must meet administrative and regulatory criteria to be accepted in court.

BAC tests appear to be a reliable approach to establishing whether someone was intoxicated while driving. They are not, however, infallible procedures. Criminal defense lawyers understand how to question the validity of these tests properly, effectively damaging the prosecution’s case against you.

Prosecutors commonly use blood alcohol test results in North Carolina to substantiate DWI charges in court. Breathalyzers and blood tests are two common BAC testing methods. Many officers prefer to do breathalyzer testing, while others prefer blood tests. Field sobriety tests are also commonly used in court, although they aren’t as reliable as the other procedures.

Drivers in North Carolina who are suspected of driving while intoxicated have the right to refuse field sobriety testing with no repercussions. However, under North Carolina’s Implied Consent Laws, all people who drive on the highway provide their implied consent to a blood alcohol test. While drivers may refuse DWI breath and blood tests, they will face severe consequences if they do so. Even if you are found not guilty of a DWI, a willful denial of a blood alcohol test can result in a one-year license suspension.

In North Carolina, officers are obligated to inform drivers of their right to refuse a blood-alcohol test. Law enforcement officers are forbidden from giving a blood alcohol test to a driver who has refused. A search warrant is required before a law enforcement officer can administer a blood alcohol test to a driver who refuses one. These are just a handful of your BAC testing rights in North Carolina.

Other rights relating to blood alcohol content testing include:

• Police officers must give drivers written notice of their rights regarding blood alcohol tests.
• The driver can request a second alcohol test from a third party.
• Drivers have the right to speak with an attorney and have a witness present during the blood alcohol test, as long as the delay does not exceed 30 minutes.

Knowing your rights is crucial to ensuring that they are upheld. Officers must conduct their due diligence so that you are aware of your rights. They are compromising your freedom and could invalidate their case against you if they do not do so.